Lohari Devi vs Ramesh Kumar and another

The First Appeal preferred by the appellant appears to have been dismissed by the learned Additional District Judge (II), Mandi only on the ground that no separate application for condonation of delay had been filed, though there was a delay of about 1 year and 5 months in filing of the appeal.

Learned counsel for the appellant states that he may be permitted to withdraw the present appeal reserving liberty to him to file a separate application before the learned first Appellate Court under Section 5 of the Limitation Act and the delay in prosecuting the present appeal alongwith the period spent before the learned first Appellate Court, may be condoned.

I find merit in this submission. Accordingly, the appeal is dismissed as having been withdrawn and the time spent in prosecuting this appeal as also the first appeal before the learned first Appellate Court shall not come in the way of the appellant while calculating the limitation in the application under Section 5 of the Limitation Act, provided the same is filed within four weeks from today. The appeal is disposed of in the aforesaid terms, so also the pending application(s), if any.

Copy dasti.